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(영문) 창원지방법원 통영지원 2016.12.26 2016고단1483
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On February 5, 2015, the Defendant, as to the five million won portion, had shown the attitude to pay the normal payment to the victim B, to pay the sum of 6,10,000 won per month after the victim joined the two 5,000 won number system with the guidance.

However, the Defendant had been in bad credit standing at the time, and the personal debt due to bonds, etc. has been approximately KRW 100 million, and the Defendant used approximately KRW 2 million monthly income through multiple banks until August 2015 and approximately KRW 1.3 million monthly income through multiple banks thereafter, and there was no intention or ability to pay the fraternity normally even if the Defendant received the fraternity money as above.

The Defendant, by hiding the aforementioned circumstances and subscribing to the above guidance, deceiving the victim by deceiving him/her on May 6, 2015, and acquired KRW 4,705,00 on August 5, 2015, and acquired KRW 4,685,00 from the victim, respectively.

B. On July 10, 2015, the Defendant, at the request of C, who was aware of his knowledge of his knowledge, joined two 10 million won foot numbers with the victim described in the above paragraph (a) as the Defendant’s name, by paying the fraternity in the name of the Defendant.

Since then on October 2015, the victim made a false statement to the effect that "if it is intended to include the money in the passbook because the money was paid through the passbook in the passbook, it will deliver the money to C."

However, the Defendant did not deliver the money of October 2015, which the Defendant should receive from the beginning, to C, but was thought to use it for personal debt repayment, etc. Meanwhile, even if the Defendant used the money as above, and thus, the Defendant would normally pay the money in the future, due to the property status such as the above paragraph (a), even if the Defendant had the obligation to pay the money in the future.

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